Service of process is when legal documents such as summons, complaints, subpoenas or other court documents are delivered to an individual to whom the documents are directed. These legal documents are called process.
An individual involved in the case can not serve process themselves. So there are several different options a person has to have papers served. Some jurisdictions require that a court official such as a sheriff or marshal serve process. In some states, the agent of service must have a license in order to do so. The states current requiring licenses for process servers are New York City, Alaska, Arizona, California, Illinois, Montana, Nevada, and Oklahoma. Even if a person lives in a state were a license isn’t required, it’s better to go through a process server because they are experienced at serving papers in the most effective and legal way. Process can also be sent by certified mail. This option is possible only if the party to be served lives in another state for a foreign country.
If a person is unavailable there are alternate means by which a person can still be served with papers. Most jurisdictions allow for substitute service. This means that a process server can leave the documents with another responsible person. This person could be a cohabiting adult. However this type service can only be done at a person’s home. Also delivery can be made to an agent for acceptance of service otherwise known as a Registered Agent. The agent is a person or a company authorized in advance to accept service on behalf of the served party.
Fees vary depending on jurisdiction and whether service is done through a sheriff or private process server. The cost of a regular service can be as cheap as $20 or run up to $100. If there is a need for same day service or rush service the fees will be higher. Typically, fee can range between $45 and $75.
No, in almost every state process servers are restricted from trespassing to serve papers. These invasions are regarded as illegal and could result in penalties. Gated communities and apartments have provided difficulty for some process servers. However most of them are required the let process servers in. In California and Washington, Registered Process Servers have limited exemption against trespassing.
Yes, many states have a deadline for process serving after filling the summons and complaint. In some states a writ of summons is only good for 60 days so the other person has to be served within those 60 days. If after those 60 days the individual can not be reached alternative methods will have to be considered.
